If you and your spouse don’t agree on every single thing on the front end but know you want to end your marriage without the cost, stress, and unpredictability of a courtroom fight, a collaborative divorce might be the right fit. It’s a structured, out-of-court process where both spouses, each with their own attorney or pro se, commit to working together toward a fair outcome. If you’re looking into this, you’re probably wondering how it actually works, who needs to be involved, whether it’s legally binding, and, maybe most importantly, how to find an attorney who’s actually trained to do it.
This guide walks through what a collaborative divorce involves, how it works in Tennessee, and what to look for in a collaborative divorce attorney. It’s part of our bigger guide to divorce law in Tennessee, so if you’re still deciding whether this is the right approach for you, that guide is a good place to compare your options.
Interested in a collaborative divorce?
Call us at (931)245-5060 to talk with a collaboratively trained attorney about whether this is right for you.
A collaborative divorce is a voluntary, out-of-court process where both spouses and their attorneys are committed to working things out through negotiation instead of litigation. Instead of gearing up for trial, both sides work together, often alongside neutral professionals like financial specialists or child specialists, to reach a settlement covering property division, alimony, and if it applies, child custody and support.
Collaborative divorce requires both spouses to want to reach a fair resolution without leaving the decisions up to a judge. The specific path for your collaborative divorce may vary, but the goal is to keep your divorce outside of the courtroom.
Each spouse can have their own attorney, or one spouse’s attorney can negotiate directly with the other spouse if that spouse does not want to get his or her own attorney. A collaboratively trained attorney still fights for their client, they’re just doing it across the table in a joint meeting instead of in front of a judge.
Some collaborative divorces, especially in high net worth situations, bring in a neutral financial professional, often a financial planner or forensic accountant, to help both spouses see the full financial picture.
When children are involved, a neutral child specialist might help the parents build a parenting plan around what the children actually need. Divorce coaches help manage the emotional side of things so tough conversations stay productive.
Adopting from another state requires ICPC sign-off from both states first, which adds time but protects the child. Adopting from another country brings in extra steps under the Hague Adoption Convention or other immigration rules.
Collaborative divorce runs entirely on both spouses voluntarily and honestly sharing financial information. This process needs a baseline of trust between spouses — if one side suspects the other is hiding assets, collaborative divorce probably isn’t the right fit.
Once you both agree on everything, the terms get written into a Marital Dissolution Agreement, and a Permanent Parenting Plan if you have children, filed with the court and, once approved, made part of the legally binding Final Decree of Divorce.
Collaborative divorce in Tennessee runs within the same legal framework as any other divorce under Title 36 of the Tennessee Code Annotated.. The collaborative process is just the negotiation method, not a separate legal track. Filing, waiting periods, and final approval all still go through the same court system laid out by the Tennessee Administrative Office of the Courts.
The same residency rule applies — at least one spouse needs to have lived in Tennessee for six months before filing. Collaborative divorces are usually finalized using the no-fault ground of irreconcilable differences.
If an agreement is reached, the courts do not require formal mediation. However, spouses can still choose to do mediation as a method to resolve a collaborative divorce.
Even though the collaborative process can move at whatever pace you two need, Tennessee’s minimum waiting periods still kick in once the paperwork is filed, generally 60 days without minor children, and 90 days with them.
Once the team reaches a full agreement, the case gets filed and finalized much like an uncontested divorce, with a Marital Dissolution Agreement and, if it applies, a Permanent Parenting Plan submitted for approval.
Every collaborative case gets shaped by the couple’s specific needs, but most follow a similar structure.
Each spouse gets their own attorney if they want one.
Depending on the case, a neutral financial professional, child specialist, or divorce coach might join to support the negotiation.
Both spouses voluntarily share financial info so everyone is working from the same facts.
Both spouses and attorneys, plus any neutral professionals, meet to work through property division, alimony, and, if it applies, child custody and support.
Once everything is resolved, the terms get written into a Marital Dissolution Agreement and Permanent Parenting Plan, if applicable.
The finalized agreement gets filed with the court alongside a Complaint for Divorce, similar to an uncontested case.
Tennessee’s waiting period still applies before the divorce can be finalized.
Once approved, the court issues a Final Decree of Divorce building in your collaboratively negotiated agreement, and it’s legally binding.
Collaborative divorce isn’t the right fit for every couple. Depending on your situation, these related guides might help too.
For couples who’ve already reached full agreement on their own →
For when spouses can’t agree and the case needs to go to court →
For cases involving complex assets →
For the bigger picture →
Still deciding which process is right for you? Explore our full family law guide or call (931)245-5060 and we’ll help you compare your options.
Collaborative divorce works best with attorneys who are genuinely committed to the process, not just going through the motions before heading to court. At Dahl Family Law, we focus exclusively on family law across Tennessee.
Our attorneys understand how to make a collaborative divorce work.
We work regularly with trusted neutral professionals.
We help you build an agreement that actually holds up, legally and practically, long after the divorce is final.
We’re upfront with you about whether collaborative divorce is actually a good fit, not just a service we’re trying to sell.
It's an out-of-court process where both spouses and their attorneys commit to working out the divorce through negotiation instead of litigation, often with help from neutral professionals.
Mediation can be one of many tools used in a collaborative divorce.
Yes. Once you both agree, it gets written into a Marital Dissolution Agreement, and a Permanent Parenting Plan if it applies, filed with the court, and approved just like in an uncontested divorce. Once approved, it becomes part of the legally binding Final Decree of Divorce.
If you can't reach a full agreement and decide to take the case to court, then it becomes a contested divorce.
Costs vary depending on how many professionals are involved and how much work it takes to reach agreement, but collaborative divorce is often cheaper than a contested, litigated divorce, since it skips formal discovery, motions, and trial. It can cost more than a bare-bones uncontested divorce, given the extra time and effort, but for more complicated situations, it's often worth it.
Usually, yes, since it skips court scheduling delays, formal discovery, and trial. That said, the timeline still depends on how complicated things are, how quickly or slowly each side chooses to move, and how long it takes to reach full agreement.
Collaborative divorce takes the right team to work well, attorneys who are committed to reaching a good resolution, and, when needed, the right neutral professionals to help you reach a fair, lasting agreement.
Dahl Family Law provides representation in a wide range of family law matters, including:
This guide is intended for general informational purposes only and does not constitute legal advice. Divorce cases are fact-specific, and outcomes depend on the details of your situation. Please consult with a licensed Tennessee family law attorney regarding your specific circumstances.
